THE TICKER.

MICROSOFT: Rehearing sought on bundling question

July 19, 2001|By From Tribune news services.

Microsoft Corp. on Wednesday asked a federal appeals court to grant a rehearing on whether the company illegally bundled code for Web browsing software with that of its dominant Windows desktop operating system.

The company said it filed the rehearing request with the appeals court because it believes the ruling was based on "clearly erroneous" findings of a lower court judge.

"Microsoft respectfully submits that critical evidence was overlooked--or misinterpreted--on the technical question of whether Microsoft `commingled' software code specific to Web browsing with software code used for other purposes in certain files in Windows 98," the company said in its filing.

The filing does not address a motion filed by government prosecutors last week asking the appeals court to expedite the case back to the U.S. District Court. The company has until Monday to respond.

Microsoft spokesman Vivek Varma said the petition should not be read as an unwillingness to settle out of court.

Three weeks ago, the U.S. Court of Appeals for the District of Columbia ruled that Microsoft had operated as an illegal monopoly and harmed consumers. But the court reversed the trial judge's order breaking up the company, and sent the case back to a different lower court judge to decide a new penalty.